Yes, specific performance can be ordered in a breach of contract claim in India. Specific performance is a legal remedy where the court orders the party in breach to perform the specific obligation as per the terms of the contract. Section 10 of the Specific Relief Act, 1963 provides for the specific performance of a contract. The act provides that specific performance can be ordered in the following situations: Where there is no adequate remedy in damages. Where the contract is enforceable under the law. Where the act agreed to be done is such that compensation in money cannot adequately compensate for non-performance. However, specific performance is not available for all types of contracts. For example, specific performance cannot be ordered in contracts for the sale of goods or contracts involving personal services. In addition to specific performance, the court may also award damages to the aggrieved party. Damages are a monetary compensation awarded to the aggrieved party for the loss suffered due to the breach of contract. It is important to note that the decision to award specific performance or damages will depend on the facts of each case, and the court will consider various factors such as the nature of the contract, the degree of hardship that the parties will face, and the possibility of enforcing the contract.

DEAR CLIENT, In the Indian legal context, specific performance is a remedy available for breach of contract under the Indian Contract Act, 1872. Specifically, Section 10 of the Act states that all agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object. When a party fails to perform their contractual obligations, the affected party may seek specific performance of the contract, among other remedies. Specific Performance Specific performance is an equitable remedy that compels a party to execute a contract according to its precise terms. Unlike damages, which provide monetary compensation for loss, specific performance aims to enforce the actual fulfillment of the contractual obligation. This remedy is particularly relevant in contracts involving unique goods or real estate, where monetary compensation may not be sufficient to remedy the loss suffered due to the breach. Can Specific Performance Be Ordered? The specific performance of a contract may be ordered under Section 10 of the Specific Relief Act, 1963. According to this Act, specific performance can be ordered when: • The contract is not specifically determinable. • The party requesting specific performance has performed or is ready to perform their part of the contract. • The contract is valid and enforceable under the terms of the Indian Contract Act. • The parties are competent to contract. Particularly, Section 14 of the Specific Relief Act outlines the contracts that cannot be specifically enforced, including personal service contracts or those deemed determinable in nature. Limitations and Defences: A party resisting a request for specific performance may present several defenses, such as: • The contract is vague or ambiguous. • There is a delay by the complainant in pursuing the claim. • The contract has become impossible to perform due to changed circumstances. • The circumstances have materially changed since the formation of the contract. We hope this clarifies your query. Please feel free to reach out for further assistance. Thank you

DEAR CLIENT, Under Indian law, specific performance is an equitable remedy granted by courts in cases of breach of contract. It compels the breaching party to fulfill their contractual obligations rather than merely compensating the non-breaching party with damages. The legal framework governing specific performance is primarily enshrined in the Specific Relief Act, 1963. Specific Performance Be Ordered? The Specific Relief Act, 1963, as amended, lays down conditions under which specific performance can be granted. Section 10 of the Act provides that specific performance may be enforced when: 1. There exists no standard for determining actual damages – If monetary compensation is inadequate to compensate the non-breaching party, specific performance may be ordered. 2. Compensation in money is not an adequate relief – If damages do not offer a sufficient remedy due to the unique nature of the contract, specific performance is considered. 3. The contract is enforceable under law – The contract must be valid and enforceable as per the provisions of the Indian Contract Act, 1872. 4. Contracts related to immovable property – Courts in India typically prefer ordering specific performance in cases involving agreements for the sale of land or property, as damages are often inadequate to compensate for breach in such transactions. Discretion of Courts in Granting Specific Performance Specific performance is not an absolute right but rather a discretionary remedy. Courts weigh factors such as fairness, the conduct of the parties, and the feasibility of enforcement before granting relief. Courts may refuse to order specific performance if: • The plaintiff has acted unfairly or dishonestly (doctrine of unclean hands). • The contract was obtained through misrepresentation, coercion, or undue influence. • Delay in filing the suit indicates waiver or acquiescence. We hope this clarifies your query. Please feel free to reach out for further assistance. Thank you